RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01856
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her Uncharacterized entry level separation be changed to reflect
a Honorable discharge.
APPLICANT CONTENDS THAT:
She was discharged for failure to complete medical and physical
procurement standards. She does not dispute these facts.
She was advised by a Navy veteran that she could request her
characterization of discharge be changed after six months.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 28 Oct
93.
On 2 Dec 93, the applicant met a medical evaluation board and
found she did not meet the minimum medical standards to join the
Air Force.
On 7 Dec 93, the applicant received notification of her
commanders intent to discharge her under the provisions of 39-
10, Separation Upon Expiration of Term of Service, for
Convenience of Government, Minority, Dependency and Hardship,
Chapter 5, Section C, paragraph 5-14 as an Entry Level
Separation for erroneous enlistment. She acknowledged
understanding that her discharge would be characterized as an
Entry Level Separation and that she would not be entitled to any
disability, retirement or severance pay.
On 8 Dec 92, the discharge authority approved discharge as an
Entry Level Separation.
On 9 Dec 92, the applicant was furnished an Uncharacterized
entry level separation, and was credited with 1 month, and 12
days of active service.
A request for post service information was forwarded to the
applicant on 18 May 14 for review and comment within 30 days.
As of this date, no response has been received by this office.
THE BOARD CONCLUDES THAT:
1. The application was not filed within three years after the
alleged error or injustice was discovered, or could have been
discovered, as required by Section 1552, Title 10, United States
Code (10 USC 1552), and Air Force Instruction 36-2603. Although
the applicant asserts a date of discovery which would, if
correct, make the application timely, the essential facts which
gave rise to the application were known to applicant long before
the asserted date of discovery. Knowledge of those facts
constituted the date of discovery and the beginning of the
three-year period for filing. Thus, the application is
untimely.
2. Paragraph b of 10 USC 1552 permits us, in our discretion, to
excuse untimely filing in the interest of justice. We have
carefully reviewed applicant's submission and the entire record,
and we do not find a sufficient basis to excuse the untimely
filing of this application. The applicant has not shown a
plausible reason for delay in filing, and we are not persuaded
that the record raises issues of error or injustice that require
resolution on the merits at this time. Accordingly, we conclude
that it would not be in the interest of justice to excuse the
untimely filing of the application.
THE BOARD DETERMINES THAT:
The application was not timely filed and it would not be in the
interest of justice to waive the untimeliness. It is the
decision of the Board, therefore, to reject the application as
untimely.
The following members of the Board considered AFBCMR Docket
Number BC-2014-01856 in Executive Session on 16 Dec 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Apr 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Information Bulletin - Clemency
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